AFGE advised members not to resign or respond to the Office of Personnel Management’s deferred-resignation email until they had more information and clarification. The email went out on January 28, 2025; OPM now says the program is closed, so it is not an offer employees can accept today.
What was the OPM email?
OPM’s reproduced January 28, 2025 email described a deferred resignation program. Employees who chose to accept were told to reply from a government account with the word “Resign.” The ordinary resignation date stated in the email was September 30, 2025. OPM said participants would retain pay and benefits through that date and be exempt from applicable in-person work requirements. OPM’s page now prominently says the program is closed.
The offer was presented amid proposed workforce changes. The email said OPM could not give employees full assurance about the certainty of their position or agency. It listed exclusions that included military personnel, U.S. Postal Service employees, immigration-enforcement and national-security positions, and other positions excluded by agencies. OPM’s FAQ also lists public-safety positions. Because the descriptions are not identical, the original eligibility question depended on an employee’s agency and position.
Why did AFGE tell members not to respond?
AFGE said the offer was not a traditional buyout or a Voluntary Separation Incentive Payment program. In its member FAQ, the union raised questions about the program’s legal authority, whether promised benefits would be honored, who was eligible, whether employees might still have to work, protection from other adverse employment actions, appropriated funding, and possible legal remedies. These were AFGE’s concerns about the documents, not judicial findings that the offer was invalid.
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The union’s recommendation was explicit: “We are encouraging AFGE members NOT to resign or respond to this email until you have received further information and clarification.” AFGE also said the email, letter, and FAQ appeared to contain inconsistencies. It cautioned that some employees who accepted could still be directed to work, depending on their agency, and that an agency might deny a request to rescind an accepted resignation. Those were the union’s analyses of the program materials, not a determination of what would happen in every employee’s case.
What did OPM say about volunteering or ignoring the email?
OPM’s reproduced email stated: “Response to this email is voluntary. Although you must respond to take advantage of the deferred resignation offer, there is no penalty for nonresponse.” Its FAQ separately said: “You have no obligation to respond to the email. Accepting deferred resignation is in your sole discretion and is completely voluntary.” Those official statements addressed whether employees had to answer; they did not resolve AFGE’s separate questions about how enforceable the promised terms would be.
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OPM distinguished nonresponse from trying to withdraw after accepting. Its FAQ said an accepted resignation could be rescinded only through an agency review and that a request could be denied, including if the agency had already consolidated or reassigned the employee’s duties.
What were the choices under the original offer?
| Choice in the 2025 offer | What the published materials said |
|---|---|
| Do not accept | OPM said a response was voluntary and there was no penalty for nonresponse. The employee would not take the deferred-resignation offer. |
| Accept | The email instructed an employee to reply “Resign” from a government account and gave September 30, 2025 as the ordinary resignation date. OPM said pay and benefits would continue through that date and applicable in-person work requirements would not apply. AFGE questioned the certainty and enforceability of those terms, while agency-specific eligibility and work expectations remained relevant. |
This table describes the choices as they were presented in early 2025, not options that remain open. OPM’s page marks the program closed.
What other officials said at the time
On February 3, 2025, Arizona Attorney General Kris Mayes joined eleven other state attorneys general in warning federal employees about the offer. In the release, Mayes said: “Federal employees in Arizona need to understand the buyout offer from the Trump administration is completely unreliable and may be unenforceable.” That was her assessment, not a court ruling. The release also reported that AFGE and the National Federation of Federal Employees had warned members.
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